B.K. Taimni, Member—Appellant was the opposite party before the State Commission, where the respondents had filed a complaint alleging medical negligence on the part of the Appellant.

2. Undisputed facts of the case are that the second respondent’s wife was pregnant with the fourth child and when they contacted the Appellant, he advised to undergo tubligation for ‘family planning’ purposes for which the deceased was got admitted in the hospital of the Appellant where the surgery was done on 1.4.1998 but within few hours it was noticed that the kidney was damaged after which she was shifted to Kidney hospital, where she expired on 4.4.1998. It was the case of the complainant that admittedly, the ‘family planning’ operation was simple but on account of negligence on the part of the appellant, the deceased died. It is in these circumstances that a complaint was filed before the State Commission, who after receiving the complaint, affidavit in evidence and cross-examination of the second complainant went on to pass the orders holding the Appellant medical negligent and directing him to pay Rs.2,50,000 to the second respondent Lalitbhai Maganbhai Rathod, along with cost of Rs.3,00